SERVICE ONE CABLE, INC.

, D/B/A CLEAR CHOICE

COMMUNICATIONS
CPNI OPERATING PROCEDURES

Prepared by:
Cinnamon Mueller
307 N. Michigan Ave., Suite 1020
Chicago, IL 60601
(312) 372-3930 (voice)
(312) 372-3939 (fax)

INTRODUCTION
Federal law and FCC regulations require that telecommunications carriers limit
use, disclosure, and access to Customer Proprietary Network Information (CPNI). The
FCC recently revised the definition of telecommunications carrier to include
interconnected VoIP providers for the purposes of the CPNI rules.
There are two main concerns behind the CPNI law and regulations:

To prevent the disclosure of CPNI to pretexters. To thwart

pretexters, FCC regulations specify detailed customer authentication
procedures that a carrier must follow before disclosing CPNI to a person
claiming to be the customer.

To prevent the use of CPNI for unauthorized marketing purposes. To

this end, federal law and regulations prohibit use, disclosure, and access
to CPNI without customer consent for certain marketing purposes.

Compliance with these rules is critical: The FCC has stated that there may be
no more important obligation on a carrier's part than protection of its subscribers'
proprietary information, and requires carriers to establish operating procedures
adequate to ensure compliance with the CPNI regulations. The FCC has extracted sixfigure payments from carriers for their failure to comply with the regulations, including
for mere recordkeeping violations such as the failure to execute an annual compliance
certificate.
We have prepared a checklist of CPNI Operating Procedures to assist Clear
Choice in dealing with CPNI under federal law and the FCCs regulations.

NOTE: BECAUSE CLEAR CHOICE DOES NOT CURRENTLY SELL OR

USE CPNI FOR MARKETING, THESE CPNI OPERATING
PROCEDURES DO NOT INCLUDE PROVISIONS ON OBTAINING
CUSTOMER CONSENT FOR THOSE PURPOSES. BEFORE USING,
DISCLOSING, OR ALLOWING ACCESS TO CPNI FOR ANY PURPOSE
THAT WOULD REQUIRE CUSTOMER CONSENT,1 CLEAR CHOICE
WILL BE REQUIRED TO IMPLEMENT ADDITIONAL PROCEDURES.

See page 5 for an explanation of when customer consent is necessary.

ii

CLEAR CHOICE CPNI OPERATING PROCEDURES

TABLE OF CONTENTS

SECTION

PAGES

I.

Policy

II.

Definitions

III.

Checklist of general operating procedures

IV.

1
12

A.

CPNI Compliance Supervisor

B.

Safeguarding CPNI from unauthorized

disclosure

C.

Use of CPNI by Clear Choice:

When is customer approval needed?

D.

Uses of CPNI that do not require

customer approval

E.

Training and disciplinary procedures

F.

Filing, notice, and recordkeeping

requirements

34

68

Security breaches

iii

I.

POLICY

It is the policy of Clear Choice to comply with the laws and regulations applicable
to CPNI, and to ensure that CPNI be kept confidential, except for any use, disclosure,
and access to CPNI as is permitted by 47 U.S.C. 222 and the FCCs CPNI rules (47
CFR 64.2001 64.2011). Accordingly, Clear Choice has instituted these CPNI
Operating Procedures.
The CPNI Compliance Supervisor identified in Section III.A below shall be
responsible for the implementation of these CPNI Operating Procedures.
II.

DEFINITIONS

Below are the definitions applicable to Clear Choices CPNI Operating

Procedures. Note that when a defined term appears in these Operating Procedures, it
is generally highlighted in bold type for ease of reference.
Account information. Information that is specifically connected to the
customers service relationship with the carrier, including any component of an account
number, the telephone number associated with the account, or the amount of a bill.
Address of record. A postal or electronic address that the carrier has
associated with the customers account for at least 30 days.
Breach. When a person, without authorization or exceeding authorization, has
intentionally gained access to, used, or disclosed CPNI.
Call detail information. Any information that pertains to the transmission of
specific telephone calls, including:

For outbound calls, the number called, and the time, location, or duration
of any call.
For inbound calls, the number from which the call was placed, and the
time, location, or duration of any call.

Communications-related services. Telecommunications services, information

services typically provided by telecommunications carriers (such as Internet access or
voice mail services), and services related to the provision or maintenance of customer
premises equipment. This definition does not include cable television services.
CPNI. In short, CPNI is information on the types of service to which the
customer subscribes, and the customers call detail information.2 The legal definition is:

Note that aggregate customer information (information from which individually identifiable
information has been removed) and subscriber list information (listed name, address and telephone
number information) are not CPNI, and are not subject to the FCCs CPNI regulations.

(A)

information that relates to the quantity, technical configuration, type,

destination, location, and amount of use of a telecommunications service
subscribed to by any customer of a telecommunications carrier, and that is
made available to the carrier by the customer solely by virtue of the
carrier-customer relationship; and

(B)

information contained in the bills pertaining to telephone exchange service

or telephone toll service received by a customer of a carrier; except that
such term does not include subscriber list information.

Customer. A person or entity to which the telecommunications carrier is

currently providing service.
Opt-in approval. Affirmative, express consent from a customer allowing CPNI
usage, disclosure, or access after the customer is provided with notification of the
carriers request for the use, disclosure, or access in accordance with the FCCs rules.
Opt-out approval. Implied consent to the use, disclosure of, or access to CPNI
after the customer fails to object following notification of the carriers request for the use,
disclosure of, or access to CPNI in accordance with the FCCs rules.
Readily available biographical information. Information drawn from the
customers life history, including social security number (or the last four digits of the
SSN), mothers maiden name, home address, or date of birth.
Subscriber list information. Subscriber names, addresses, telephone
numbers, and primary advertising classifications that the carrier has published or has
accepted for publication in a directory.
Telephone number of record. The telephone number associated with the
underlying service, but not the telephone number supplied as a customers contact
information.
Valid photo ID. An unexpired, government-issued means of personal
identification with a photograph, such as a drivers license, passport, or comparable ID.
III.
A.
[ ]

CHECKLIST OF GENERAL OPERATING PROCEDURES

CPNI Compliance Supervisor.
Clear Choice shall have at all times a CPNI Compliance Supervisor to supervise
the implementation of Clear Choices CPNI Operating Procedures. The current
CPNI Compliance Supervisor is:
Name:
Phone Number:
Email Address:

Frances Tempanaro
(225) 687-7000
ftemp@clearchoiceplaq.com
2

B.

Safeguarding CPNI from unauthorized disclosure.

[ ]

Clear Choice shall take reasonable measures to discover and protect against
attempts to gain unauthorized access to CPNI.

[ ]

CSRs shall properly authenticate a customers identity using the procedures

below before disclosing CPNI during customer-initiated telephone calls, online
account access, or an in-store visit.
1.

Customer-initiated telephone calls identity authentication

procedures.
Customer wants call detail
information

Customer wants non-call detail

information (example: minutes
of use)

Customer must provide password not

prompted by carrier asking for readilyavailable biographical information or
account information; or
CSR may send requested information
to address of record; or
CSR may call customer at telephone
number of record to discuss
information; or
If customer can provide call detail
information without CSR assistance,
CSR may discuss that specific call
detail information.

CSR must authenticate customer,

and may use readily available
biographical information or
account information.

2.

Online Access identity authentication procedures.

[ ]

Clear Choice shall authenticate the identity of a customer without the use
of readily available biographical information or account information
before allowing online access to CPNI.

[ ]

Clear Choice shall request that the customer establish a password at the
time the customer establishes his or her account.

[ ]

Clear Choice shall request that the customer establish a shared secret at
the time the customer establishes his or her account. 3

In this method, the carrier asks the customer to respond to a question, the answer to which is not
widely known. For example: What was the name of your first pet? or In which city was your
mother born?

[ ]

Once a customer is authenticated, Clear Choice shall allow the customer

online access to CPNI only through a password that is not prompted by
asking for readily available biographical information or account
information.

3.

In-person Access to CPNI identity authentication procedures.

[ ]

4.

Personnel may disclose CPNI to a customer at a retail location only

if the customer presents a valid photo ID.

Business customers.
Clear Choice may provide different authentication procedures for
business customers if:

5.

[ ]

Clear Choice provides a dedicated account representative for the

customer; and

[ ]

The contract with the customer specifically addresses Clear

Choices protection of CPNI.

Lost or forgotten passwords.

[ ]

For a customer who has lost or forgotten his or her password, Clear
Choice shall authenticate the customers identity before providing
the password without using readily available biographical
information or account information. Instead, Clear Choice shall
use at least one of the following methods to authenticate the
customer:
[ ]

Shared secret authentication.

[ ]

Call the customer at the telephone number of record.

[ ]

Forward a PIN to the customer via voicemail or text

message to the telephone number of record, or by mailing
it to the address of record.

[ ]

Review valid photo ID presented at Clear Choices retail

location.

C.

Use of CPNI by Clear Choice: When is customer approval needed?

There are a number of reasons that Clear Choice would use a customers CPNI:
(i) to provide the customers VoIP services, (ii) to bill and collect for the VoIP services,
and (iii) to target-market additional services. The FCCs regulations allow Clear Choice
to use CPNI without customer approval for some of these activities. For others, the FCC
requires either opt-out approval or opt-in approval. The chart below provides a
quick reference for when customer approval is and is not required.
Because Clear Choice has not instituted procedures to obtain opt-out or
opt-in approval for use of CPNI, Clear Choice shall contact counsel before
conducting any activities that would require customer approval.
No customer approval
required

Opt-out approval
required

Initiating, rendering, billing and

collecting for the customers
Clear Choice voice services.
Marketing service offerings
among the categories of service
(the FCC lists local,
interexchange and CMRS as
examples of categories of
service) to which the customer
already subscribes.
If the customer subscribes to
more than one category of
Clear Choice service (i.e., local
and interexchange), Clear
Choice may share CPNI with an
affiliated entity if the affiliated
entity provides a service
offering to the customer.
Providing inside wiring
installation, maintenance, and
repair services.
Marketing adjunct-to-basic
services such as speed dialing,
computer-provided directory
assistance, call monitoring, call
tracing, call blocking, call
tracking, call waiting, caller ID,
call forwarding, etc.
Protecting Clear Choices rights
or property, or protecting users
of Clear Choices voice services
and other carriers from
fraudulent, abusive, or unlawful
use of or subscription to, the
services.

Marketing communicationsrelated services, such as

Internet access services.
Disclosure of and access to
CPNI by agents and any
affiliates that provide
communications-related
services so that they can
market those services.

Opt-in approval required

All other uses of CPNI,
including marketing Clear
Choice video services.

D.

Uses of CPNI that do not require customer approval.

Under federal law and the FCCs CPNI regulations, there are certain purposes
for which a carrier does not need customer approval to use CPNI. The rationale for
these exclusions from the general rule is that these purposes are within the established
carrier-customer relationship, and the customer has therefore given implied consent for
the use or disclosure of CPNI for these purposes. Clear Choice can use CPNI without
customer approval for all of the following purposes:

Initiating, rendering, billing, and collecting for Clear Choice voice services.

Marketing Clear Choice service offerings among the categories of service

to which the customer already subscribes.

Providing inside wiring installation, maintenance, and repair services.

Marketing adjunct-to-basic services such as speed dialing, computerprovided directory assistance, call monitoring, call tracing, call blocking,
call return, repeat dialing, call tracking, call waiting, caller ID, and call
forwarding.

Protecting Clear Choices rights or property, or protecting users of the

Clear Choice voice services and other carriers from fraudulent, abusive, or
unlawful use of, or subscription to, the services.

All other uses of CPNI require notice and opt-out approval or opt-in approval.
E.

Training and disciplinary procedures.

Clear Choice must provide CPNI training to its personnel to ensure compliance
with the FCCs CPNI regulations:
[ ]

Clear Choice shall train its personnel as to when they are and are not authorized
to use CPNI.

[ ]

Clear Choice shall implement an express disciplinary process for misuse of CPNI
(a model disciplinary policy is attached as Appendix 1).

Filing, notice, and recordkeeping requirements.

1.

[ ]

Filing requirements.

The CPNI Compliance Supervisor shall have an officer sign and shall file with the
FCC a compliance certificate each March 1st in EB Docket No. 06-36 or through
the FCCs Certification Template, http://apps.fcc.gov/eb/CPNI/.

[ ]

The certificate shall contain a statement that the officer has personal
knowledge that Clear Choice has established operating procedures that
are adequate to ensure compliance with the CPNI rules.

[ ]

The CPNI Compliance Supervisor shall include with the certificate a

statement explaining how Clear Choices operating procedures ensure
that Clear Choice is in compliance with the CPNI rules.

[ ]

The CPNI Compliance Supervisor shall include with the certificate an

explanation of any action taken against data brokers.

[ ]

The CPNI Compliance Supervisor shall include with the certificate a

summary of all customer complaints received in the past year based on
unauthorized release of CPNI.

2.

Notice requirements.
Customer notifications

[ ]

Except upon initiation of service, Clear Choice shall immediately notify a

customer whenever the following are created or changed:
[ ]
[ ]
[ ]
[ ]

A password
Customer response to a back-up means of authentication for lost or
forgotten passwords
Online account
Address of record

[ ]

The notification shall be made through a carrier-originated voicemail or

text message to the telephone number of record, or by mail to the
address of record. The notification shall not be sent to the new account
information.

[ ]

The notification shall not reveal the changed information.

[ ]

Clear Choice shall provide a CPNI notification at the initiation of service

and on its website.

Notifications to federal agencies

[ ]

The CPNI Compliance Supervisor shall provide written notice to the FCC
within five business days of any instance where the opt-out mechanisms
do not work properly if the problem is more than an anomaly. The notice
shall be in the form of a letter and shall include:
[ ]

Name;
7

[
[
[
[

]
]
]
]

[ ]
[ ]

A description of the opt-out mechanism used;

A description of the problem;
The proposed remedy and when it will be implemented;
Whether the appropriate state PUC has been notified and whether
it has taken any action;
A copy of the notice provided to customers; and
Contact information for the CPNI Compliance Supervisor.

[ ]

In the event of a breach of a customers CPNI, the CPNI Compliance

Supervisor shall provide notice to the Secret Service and FBI as detailed
in Section IV below.

3.

Recordkeeping requirements.

[ ]

The CPNI Compliance Supervisor shall maintain the following records

related to marketing campaigns for at least one year.
[ ]

A record of all instances where CPNI was disclosed or provided to

third parties, or where third parties were allowed access to CPNI.
The record shall include:
[ ]
[ ]
[ ]

[ ]

A description of each campaign;

The specific CPNI used in each campaign; and
The products or services offered as part of the campaign.

[ ]

Records of the CPNI Compliance Supervisors approval of any

proposed outbound marketing campaigns.

[ ]

Records of customer notifications and customer approvals (whether

oral, written, or electronic).

Clear Choice shall maintain for two years a record of any (i) breaches
discovered, (ii) notifications made to the Secret Service and FBI pursuant
to Section IV of these CPNI Operating Procedures, and (iii) notifications
made to customers. The record may be electronic and must include, if
available:
[ ]
[ ]
[ ]

The dates of discovery and notification;

A detailed description of the CPNI that was the subject of the
breach; and
The circumstances of the breach.

IV.

SECURITY BREACHES.

The FCCs regulations contain detailed procedures that Clear Choice must follow
in the event of a breach of a customers CPNI:
[ ]

Clear Choice shall notify the Secret Service and FBI of a breach of its customers
CPNI as provided below.

[ ]

Clear Choice shall not notify its customers of a breach or disclose the breach
publicly, whether voluntarily, under state or local law, or under the FCCs
regulations, until it has completed the process of notifying the Secret Service and
FBI as provided below.
[ ]

As soon as practicable, and in all cases within 7 business days after

discovering the breach, Clear Choice shall electronically notify the Secret
Service and the FBI through a central reporting facility at
http://www.fcc.gov/eb/cpni.

[ ]

Clear Choice shall wait 7 full business days after it notifies the Secret
Service and FBI of a breach before notifying customers or disclosing the
breach to the public. After that time, Clear Choice shall notify its
customers of a breach of their CPNI (and may disclose the breach to the
public) unless:
[ ]

[ ]

The relevant agency directs Clear Choice not to disclose or notify

its customers of the breach. In that case, Clear Choice shall not do
so until it is notified in writing by the agency that it may notify its
customers or disclose the breach publicly.

If Clear Choice believes there is an extraordinarily urgent need to notify

any class of customers sooner to avoid immediate and irreparable harm,
Clear Choice shall so indicate in its notification to the Secret Service and
FBI, and may notify its customers only after consultation with the relevant
agency. Clear Choice shall cooperate with the relevant agencys request
to minimize any adverse effects of customer notification.

APPENDIX 1
DISCIPLINARY POLICY
Clear Choice takes seriously its obligations to protect confidential customer
information, including customer proprietary network information (CPNI). A violation of
Clear Choice CPNI Operating Procedures will result in appropriate disciplinary action,
and may involve discipline up to and including immediate dismissal.

ATTACHMENT TO OFFICERS CPNI COMPLIANCE CERTIFICATE

Statement Regarding CPNI Operating Procedures
Clear Choices written CPNI Operating Procedures ensure that Clear Choice will
be in compliance with 47 U.S.C. 222 and the rules contained in the Title 47, Chapter
1, Subchapter B, Part 64, Subpart U of the Code of Federal Regulations. Included
among the provisions of Clear Choices CPNI Operating Procedures are:

A requirement that Clear Choice have at all times a CPNI Compliance

Supervisor to supervise the implementation of its CPNI Operating
Procedures.

Detailed procedures for safeguarding CPNI, including procedures for

customer authentication and password protection of CPNI.

Detailed procedures for determining what type of customer approval is

necessary for use, disclosure of, and access to CPNI.

A requirement that the billing system records for customers accounts

allow the status of the customers CPNI approval to be easily ascertained.

A requirement that personnel be trained as to when they are and are not
authorized to use CPNI.

A written disciplinary process for misuse of CPNI.

Detailed filing, notice, and recordkeeping requirements.

Detailed procedures to be followed in the event of a breach of CPNI.

Clear Choice does not use, disclose, or allow access to CPNI for any purpose that
would require customer approval under 47 U.S.C. 222 or the rules contained in the
Title 47, Chapter 1, Subchapter B, Part 64, Subpart U of the Code of Federal
Regulations.